BIMAN RANJAN DHAR CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. D. Chakraborty, learned counsel for the appellant. Also heard Mr. T. D. Majumder, learned counsel for the State-respondents.

(2.) THE present appeal has been preferred against the judgment and order dated 10. 05. 2001 passed by the learned Single Judge of this Court in writ Petition/civil Rule No. 529 of 1996 whereby the prayer of the writ-petitioner to quash the impugned order No. F. 2 (5)-E/74 (EC) (L-2), dated 24. 05. 1996 of Director of School Education, Government of Tripura to recover to two advance increments provided to him as a policy measure to call off the strike and to join duties during the period of mass strike of Tripura Government employees in the year 1974-75 was rejected. The said Writ Petition/civil Rule was dismissed by the impugned order dated 10. 05. 2001 absence of the appellant.

(3.) WE have heard the learned counsel for the parties and we find that the writ petitioner/appellant is a Govt. servant serving in the State of Tripura and during the period of 1974-75 he was undergoing further study on being deputed by the State Government. From 19th March to 31st March, 1975 there was a general strike by the Govt. employees of Tripura and the State Govt. took a policy decision dated 05. 04. 1975 that the Govt. employees who would not join the strike and render their services during the period of strike by attending their duties would be allowed two advance increments in the existing scale of pay. According to the writ petitioner, the said advance increment was allowed to him also but subsequently the State Govt. passed the impugned order for recovery by way of deduction. Hence the Writ Petition/civil Rule was filed by the writ petitioner/appellant herein.